12-09-2014 Minutes. MINUTES
REGULAR MEETING
December 9, 2014
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
December 9, 2014, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers,
1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember Cedric Edwards
Staff Present:
Deputy City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Call to Order
Mayor Pro -Tem Daryl John
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Brian James
City Attorney Charles Zech
Mayor Carpenter called the meeting to order at 6:01 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of
Texas (Mayor Michael Carpenter)
Mayor Carpenter provided the invocation followed by the Pledges of Allegiance to the Flags of
the United States and the State of Texas.
Presentations
• Presentation, discussion and/or action regarding a Funding Agreement with Lone Star
Rail. (B. James)
Mayor Carpenter recognized Executive Director of Development Services Brian James -
who introduced Mr. Joe Black and Mr. Joe Lessard with the Lone Star Rail District. Mr.
Black and Mr. Lessard provided a PowerPoint presentation covering the Local Funding
approach and next steps answering questions from Council. (A Copy of the presentation
can be obtained in the City Secretary's Office).
City Events and Announcements
• Announcements of upcoming City Events (J. BierschwaleB. James)
Mayor Carpenter recognized Executive Director of Development Services Brian
James who provided the following announcements:
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• Thursday, December 11, 2014, Ribbon Cutting for or Baptist M &S Imaging, 16977 IH
35 North (same building as Baptist ER), 10:00 a.m.
• Thursday, December 11, 2014, Northeast Partnership Meeting, Olympia Hills Golf
and Conference Center, 11:30 a.m. — Please RSVP to Brenda or Donna by
Wednesday, December 10, 2014.
• Monday, December 15, 2014, 12 Days of Chamber Christmas Cash prize drawing
party. Cibolo Coffee Haus @ 5:30 p.m.
• Tuesday, December 16, Re/Max Corridor, come shop with local venders 5:30 -8:00
p.m. Refreshments, prizes, live music and Santa.
• Tuesday, December 16, 2014, Retirement Luncheon for Glen Outlaw, Assistant Fire
Chief, (celebrating 25 years of service to the City) Schertz Civic Center, Bldg#5,
11:30 a.m. -1:30 p.m.
• Thursday & Friday, December 25 & 26, City Offices Closed for the Christmas
Holidays.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who recognized the Police
Department regarding their most recent Public Service Announcement production
regarding locking your car doors during the holidays. The production utilized Lt.
Mike Carey playing the Christmas Grinch; others involved included CID Corporal
Ernest Spradling, Patrol Officer Hillary Halbardier, and many others. This was a first
class production and our Chief of Police makes an appearance at the end. Mr. Kessel
stated it had a media value of $5,000, and if we would have had to buy that same air
time it would have cost between $5,000 and $15,000. This was all free;
congratulations to our police department.
Hearing of Residents:
Mayor Carpenter recognized the following who spoke:
Ms. Phyllis Willman, Senior Center Director, 3544 Peachtree, who addressed the Council
regarding the importance of the Senior Center and the need to complete the process of
bids for a professional organization to take over the Senior Center.
Mr. Glen Outlaw, 3729 Forsythe Park, who spoke regarding employee compensation.
Mr. Reed Carr, President of the Northcliffe HOA, 3509 Columbia Drive, who addressed
Council regarding resolution needs and code violations within their area, asking for
assistance from the Police and Marshal's offices.
Mayor Carpenter moved to agenda item 7.
Discussion and Action Item
FPH ] 7. Annexation - Conduct a Public Hearing to consider and discuss a petition by Cibolo
Creek Municipal Authority, for voluntary annexation for approximately 69.111 acres,
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located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County
Texas, located at 7720 Trainer Hale Road. (First Public Hearing) (B. James/L. Wood)
Mayor Carpenter recognized Senor Planner Lesa Wood who introduced this item stating
in 2010 the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction
(ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ
and started the annexation proceedings. As part of the annexation proceedings a majority
of the parcels located within the released area signed delayed annexation development
agreements with the City in accordance with Texas Local Government Code (LGC)
Section 43.035 and 212.172. The subject property has an executed delayed annexation
development agreement with the City of Schertz.
Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to
the City of Schertz for a 69.111 acre tract of land. The subject property is located
approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at
7720 Trainer Hale Road. Currently, the subject property is located in the Extraterritorial
Jurisdiction (ETJ) of the City of Schertz and located in the Schertz - Cibolo - Universal
Independent School District.
In accordance with Texas Local Government Code (LGC), The City Council will conduct
two (2) public hearings regarding a voluntary petition for annexation on December 9,
2014 and December 16, 2014 at the regular City Council meetings. The first reading
regarding of the ordinance for the petition for annexation will be considered on January
6, 2015 and final reading considered on January 13, 2015. A public hearing notice was
published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald"
on December 3, 2014 for the two required public hearings.
The subject property, if annexed, will be considered for zoning concurrently with the first
and final reading of the Ordinance. The zoning request will encompass the same land
contained within the annexation petition. The applicant has requested to zone the subject
property Public Use District (PUB) which is intended to identify and provide for land
owned or may be owned by the City, County, State or Federal Government or the School
District; land that has been dedicated to the City for public use such as parks and
recreation, and land designated and dedicated to the City as a greenbelt. On November
19, 2014 the Planning and Zoning Commission recommended that the property be
annexed.
In accordance with Texas Local Government Code (LGC) Chapter 43 the City must
provide services to the land on the effective date of the annexation. While some services
are provided to the subject property through Interlocal Agreement the City of Schertz
must provide police protection, fire protection, emergency medical services, operation
and maintenance of streets, solid waste collection and sewer service. Water service is
provided by Green Valley Special Utility District. Staff recommended approval.
Mayor Carpenter opened the public hearing and recognized the following who spoke in
favor of this item:
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- Mr. Clint Ellis, General Manager of CCMA
- Mr. Steve Layton, 12231 Lost Meadows Drive
- Ms. Clare Layton, 12231 Lost Meadows Drive
As no one else spoke, Mayor Carpenter closed the public hearing and opened it up for
Council comments. No Council comments.
Mayor Carpenter moved to the consent agenda items.
Consent Agenda Items
2. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of November 25, 2014, and the Regular Meeting of December 2, 2014.
(J. Kessel/B. Dennis)
3. Resolution No. 14 -R -85 — Consideration and/or action approving a Resolution
authorizing the donation of approximately 600 square feet of real property to the Texas
Department of Transportation; approving the City Manager's execution of a Donation
Agreement and Donation Need, and authorizing the City Manager to take additional
actions reasonably necessary therewith. (J. Bierschwale /J. Bierschwale)
The following was read into record:
RESOLUTION NO. 14 -R -85
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE DONATION OF APPROXIMATELY 600
SQUARE FEET OF REAL PROPERTY TO THE TEXAS DEPARTMENT OF
TRANSPORTATION; APPROVING THE CITY MANAGER'S EXECUTION OF
A DONATION AGREEMENT AND DONATION DEED; AND AUTHORIZING
THE CITY MANAGER TO TAKE ADDITIONAL ACTIONS REASONABLY
NECESSARY THEREWITH
4. Resolution No. 14 -R -99 — Consideration and/or action approving a Resolution approving
and authorizing a Special Warranty Deed conveying Lot 15, Block 54, Live Oak Hills
Subdivision to LCRA Transmission Services Corporation for the construction of a new
electric transmission line. (J. Kessel/R. Galindo)
The following was read into record:
.YI] 1[iJlt17�1�'F� T '
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING AND AUTHORIZING A SPECIAL WARRANTY DEED
CONVEYING LOT 15, BLOCK 54, LIVE OAK HILLS SUBDIVISION, AN
ADDITION IN GUADALUPE COUNTY, TEXAS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 2, PAGES 146 -147 OF THE PLAT
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RECORDS OF GUADALUPE COUNTY, TEXAS TO LCRA TRANSMISSION
SERVICES CORPORATION FOR THE CONSTRUCTION OF A NEW
ELECTRIC TRANSMISSION LINE AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Azzoz to approve consent items 2 through 4. The vote was unanimous
with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, and Edwards voting
yes and no one voting no. Motion passed.
Mayor Carpenter recessed the regular meeting at 7:17 p.m., into Executive Session pursuant to
Texas Government Code Section 551.074 Deliberation regarding the appointment of a public
officer.
Mayor Carpenter reconvened back into regular session at 7:55 p.m., and moved to item 1.
1. Review applications for vacant Place 5 City Council Position. Deliberation, discussion
and possible action regarding appointment to the vacant Place 5 City Council position
including appointment of an individual to the vacant position or requiring additional
processes and procedures.
Mayor Carpenter stated that at this time the Council would like to hear from those who
applied and provide any commentary they would like to share. It was suggested that the
order be in the reverse as was stated in the memo provided. Councilmember Edwards
stated that he would like to hear from those in the same order that was submitted to
Council. Council concurred.
Mayor Carpenter recognized the following who spoke:
- Mr. Robin Thompson
- Mr. Bert Crawford
- Mr. Sydney Verinder
- Mr. Mark Davis
- Mr. Glen Outlaw
Mayor Carpenter thanked those who came forward and moved back into executive
session at 8:16 p.m., pursuant to Texas Government Code Section 551.074 Deliberation
regarding the appointment of a public officer.
Mayor Carpenter reconvened back into regular session at 8:35 p.m., and moved back to item 1.
1. Review applications for vacant Place 5 City Council Position. Deliberation, discussion
and possible action regarding appointment to the vacant Place 5 City Council position
including appointment of an individual to the vacant position or requiring additional
processes and procedures.
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Mayor Carpenter stated that they have reviewed the applications for the vacant Place 5
position. Mayor Carpenter quoted Forrest Gump "Life is like a box of chocolates and
you never know what you are going to get"; he stated he does not have a clue what is
going to happen; it's a little bit like Christmas morning.
Mayor Carpenter asked if there was an action to take this evening or a motion to be made.
Mayor Carpenter recognized Councilmember Azzoz who commented on the Mayors
comment, box of chocolates, and sometimes you are going to get a box of chocolates that
you are not going to want.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to appoint Mr. Robin Thompson to the open City Council Seat
Place 5. Mayor Carpenter asked for commentary or discussion from Council and
recognized Councilmember Edwards who stated that he has been in this community since
1997. He has not seen someone pour their heart out to this community as much as he has.
He has not seen someone at as many functions as he has been at and can only think of
one other person, Mr. Jake Jacobs that has been to more functions, than Robin Thompson
at this point. Councilmember Edwards stated it draws a great line of success when you
are able to meet with people and understand their needs, and have an empathetic ear. He
believes Mr. Thompson can step in and fill those shoes. Councilmember Duke was a
good Councilman, and he believes that Mr. Thompson will be a great replacement for
Councilmember Duke.
Mayor Carpenter recognized Councilmember Fowler who stated that we had some great
candidates put in their application. He stated that he doesn't say this lightly but we as a
city are very lucky to have men who are willing to take on this job that are qualified.
These are men he respects and wishes he could appoint them all. He stated that he is
pleased to see the list of those that applied for the job. He stated that he is hopeful that
because you were not selected this time, he doesn't want them to think that there was
someone head and shoulders above them. Councilmember Fowler stated that he wants to
see the other candidates around and busy in the community because each of them brings
different things to the table.
Mayor Carpenter recognized Councilmember Azzoz who stated that he looked at all the
applications of this year and from the past and respects his colleague for making a
motion, but wants to take it for more discussion and asked that he withdraw his motion
because he believes we are missing some individuals, not discrediting Mr. Thompson.
There were other individuals that did not attend this evening.
Councilmember Edwards stated that he makes it a point to run a very busy business, he
has individuals that he has to see as well as understands his colleagues also has other
individuals they need to see and everyone here is very busy. If he withdraws his motion
he would not be doing himself or the citizens any favors. This is extremely important
and he understands things happen; he has missed out on many opportunities because of
circumstances beyond his control. However, he does not want to withdraw his motion
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because he thinks this is extremely important to get done tonight and before the end of
the holidays.
Mayor Carpenter echoed Councilmember Fowler; all of you that stepped forward and
provided your application, but more importantly you stepped up and stated you would be
willing to serve; that you would be willing to give every Tuesday night for the next year
is a highly personal commitment. All of you are to be applauded for this. When he came
out earlier and stated that "Life is like a box of chocolates, you're not sure what you are
going to get" it's because in our discussions he honestly did not know where they were
going to go when they came out here. That said, we have a motion and a second; all of us
recognize that procedurally in order for a vote to pass we have to have three (3) aye
votes. There are many scenarios, one of which puts him in the hot seat, where it makes
him break a tie vote, and if he were to abstain in a two (2) aye, two (2) nay vote the
motion would fail. We would continue discussion and deliberation.
Mayor Carpenter recognized Councilmember Edwards who asked Councilmember Azzoz
if he withdraws his motion are we considering the candidates who are not here and not
giving them the opportunity to speak and give a presentation to the Council as well. That
is what he is assuming. Councilmember Azzoz stated that if that is the consensus of
Council, yes. After looking at everything yes, he is asking Councilmember Edwards to
withdraw his motion.
Mayor Carpenter recognized Councilmember Edwards who withdrew his motion.
Council continued their discussion.
Mayor Carpenter provided the following comments: The opportunity to be here this
evening was available to everyone that applied. Some chose to be here and some did not.
While he understands there are circumstances from time to time that would drive a person
to not be able to attend a meeting, he gets that; it happens sometimes with all of us. The
agenda was posted on Friday and the agenda read clearly that there was possible action
tonight; we had people choose to be here and people who did not. He thinks this should
weigh in their decision. He thinks leveling the playing field for someone who did not
come tonight is potentially laudable but probably, in his personal opinion, not in the best
interest of this process, and would encourage Council to make an appointment this
evening based on that.
Councilmember Edwards stated that it is his intent to make an appointment this evening
and that he withdrew his motion out of courtesy for his colleague. As there was no
further commentary, Mayor Carpenter indicated that he would entertain a motion.
Councilmember Azzoz stated that he would like to give the other candidates who are not
here this evening the opportunity and then look at the whole group again and then make a
decision. We need to give them the opportunity to come before us.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to appoint Robin Thompson to the vacant Place 5 City Council
position. Mayor Carpenter recognized Councilmember Edwards, who stated that last
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week they had a lot of commentary about what the Council Rules of Procedure and
Conduct allows City Council to do and he quoted "J ", we could forgo any of those
proceedings and basically make an appointment that night and at that time we stated that
90% of the people were in this room that wanted to apply for Council. I was told no
100% of the people were in this room. He is ready to step forward and put a
Councilmember in place because it is the right thing to do. It's the positive direction for
the City.
Mayor Carpenter recognized Mayor Pro -Tem John who stated that he was looking
through the action item and on the very last line it states that we have the possibility of
conducting interviews on Tuesday, December 16, 2014, and he was hoping that the other
candidates didn't take that as the date of the interview night to be here, and he knows that
it states "possibly ", but he just wanted to point this out.
Mayor Carpenter stated that to Councilmember Edwards point we could have made an
appointment last week without going through any process of accepting applications. That
is in the purview of the Council, given the Charter. We could have chosen a different
path, but we chose to invite people.
The vote was 3 -0 -1, with Mayor Pro -Tem John, Councilmember Edwards and
Councilmember Fowler voting yes, and Councilmember Azzoz abstaining. Motion
passed.
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the oath of
office to newly appointed Robin Thompson, City Councilmember Place 5. Mayor and
Council congratulated Mr. Thompson and Councilmember Thompson took his seat on the
dais.
Mayor Carpenter recognized Councilmember Thompson who thanked those who
appointed him.
Mayor Carpenter moved to the workshop agenda item.
Workshop
0 Discussion and possible action regarding the Facilities Master Plan Project. (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who introduced Public Works
Coordinator Cindy Raleigh who introduced this item stating discussions began in the fall
of 2013 with Council regarding the importance of a Facilities Master Plan. As our city's
population grows, there are additional facilities needed to keep pace with that growth in
order to provide adequate city services from today until build out.
The Facilities Master Plan will be the roadmap to guide future facilities prioritization,
funding, design, and construction so that every dollar spent on municipal facilities meets
both short and long term needs. City Council has approved a budget of $145,000 for the
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development of a Facilities Master Plan to address facilities needs today, at a 50,000
population, and at a 75,000 population.
A Facilities Master Plan Team was established to ensure the project had input from key areas
of the organization. The team consisted of City Manager John Kessel, Deputy City Manager
John Bierschwale, Chief of Staff Bob Cantu, Fire Chief David Covington, Director of Public
Works Sam Willoughby, Owners Representative Phil Gaudreau, and Public Works
Coordinator Cindy Raleigh.
Discussions by the Facilities Master Plan Team were held in early Spring 2014 regarding the
goals of the City -Wide Facilities Master Plan, including:
■ Benefits of planning vs. reacting
■ Immediate short term needs
■ Build out long term needs
■ Proper return of investment
■ Future Land Use Plan, Master Thoroughfare Plan, and ISO based Fire Station site
selection
The City -Wide Facilities Master Plan outcome will include:
■ Strategic near term recommendations for facility utilization
■ Long term goals and benchmarking for facilities planning
■ Recommendation of critical department adjacencies -by facility and campus area
■ Facility Assessment — based on existing building conditions of city facilities
■ Prioritized recommendations for future construction, reconstruction and property
purchase, including Fire Station 43 site selection in southern Schertz
■ Cost analysis and financing options or directional recommendations
■ Analysis on the City's ability to own or lease additional facilities
The timeline for the Request for Qualifications was developed in Summer 2014, including:
■ Request for Qualifications was publically noticed on July 3, 2014
■ Six submittals were received and opened on July 24, 2014
■ The six submittals were narrowed to three firms to interview in August 2014
■ Interviews were held on August 27, 2014 and scoring submitted based on the RFQ
submittals and interviews
The top ranked firm, Wiginton Hooker Jeffry Architects PC ()ATHJ), was contacted in
October 2014 and asked to submit a final proposal (scope and price). Meetings were held
with WHJ to discuss the scope of work and fine tune the City's needs and insure that the
City would receive the best and most useful return on investment. In November 2014, the
final scope and cost proposal was finalized for city approval.
Staff is updating the City Council on the project on December 9, 2014 prior to City
Council considering a resolution authorizing the City Manager to enter into a contract for
a Facilities Master Plan. Pending Council discussion, a resolution to contract with
Wiginton Hooker Jeffry Architects PC is scheduled for the December 16, 2014 Regular
Council Meeting. Ms. Raleigh addressed questions from Council.
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No action taken.
Discussion and Action Items
5. Resolution No. 14 -R -100 — Consideration and/or action approving a Resolution adopting
the City Council Code of Ethics, and discussion and possible action regarding the City
Council Rules of Procedure. (Mayor /Council)
The following was read into record:
RESOLUTION NO. 14 -R -100
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ADOPTING THE CITY COUNCIL CODE OF ETHICS AND OTHER
MATTERS IN CONNECTION THEREWITH
At the City Council meeting of November 18, 2014, City Council discussed the draft
Code of Ethics.
At that meeting City Attorney Connie Lock suggested two changes to the draft Code of
Ethics. First, with regard to the Section entitled "Procedure for Conducting Inquiries,"
she stated that any time there is an investigation of a City Council member, the City
should hire outside counsel to investigate this matter to avoid ethical conflicts and the
perception that the City Attorney may be biased in such investigation. Second, the City
Attorney suggested revising the Sections entitled "Correction" and "Censure" under
"Enforcement of Violations," which state that if a Councilmember is being disciplined or
censured such hearing should take place in executive session. These sections should be
amended to state that such discipline or censure should be held in accordance with the
Open Meeting Act. This change allows the meetings to be held in executive session
unless the Councilmember requests a public hearing.
In addition, with respect to the Section entitled "Procedure for Conducting Inquiries,"
Councilmember Duke asked if a Councilmember has the ability to defend himself if such
Councilmember is the subject of an inquiry. City Manager John Kessel stated that any
accused individual should be allowed to hear what the accusation is and respond to it.
Mayor Carpenter suggested we have legal counsel and/or staff come up with a statement
that would allow the accused to make a statement addressing the matter. The Code of
Ethics has been revised to allow a Councilmember to provide a written response to the
findings of an inquiry into that Councilmember.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor
Pro -Tem John to approve Resolution 14 -R -100. The vote was 3 -0 -1 Mayor Pro -Tern
John, Councilmembers Fowler, Azzoz, and Edwards voting yes and no one voting
no, and Councilmember Thompson abstained. Motion passed.
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6. Ordinance No. 14 -T -49 — Consideration and/or action approving an Ordinance by the
City Council of the City of Schertz, Texas authorizing a budget adjustment to the Park
Fund (317) for the Pickrell Park ADA Project in the amount of $32,405.00. (First
Reading) (B. James/K. Woodlee /C. VanZandt)
The following was read into record:
ORDINANCE NO. 14 -T -49
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PARK FUND
(317) IN THE AMOUNT OF $32,405.00; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Executive Director of Development Services Brian James
who stated that on February 19, 2013 Council approved Resolution 13 -R -12 authorizing
staff to submit and accept a grant application for funding under the Bexar County CDBG
program. The approval authorized staff to propose a 50150 match of up to $61,488.00 for
projects that involved readily achievable barrier removal (ADA) at five (5) parks
facilities including Pickrell Park, Ashley Park, Woodland Oaks Park, Lone Oak Park, and
Crescent Bend Nature Park.
The application was submitted on February 26, 2013 and on March 15, 2013; staff
received notification from Bexar County that the proposed project met all of the initial
criteria for the program. Final approval (with modifications) of the project was received
from Bexar County on July 16, 2013. It was determined that only one (1) of the five (5)
park facilities met all of the CDBG criteria related to readily achievable barrier removal,
ADA compliance, and persons with disabilities population served. For these reasons,
Pickrell Park was the only facility that made the final submittal, however; the City was
awarded the full amount, $61,488.00 with a requirement to utilize matching funds.
Four bids were received on November 6, 2014. Review and tabulation of the bids
indicate that M2 Federal, Inc. is the low bidder with a Base Bid of $112,594 and Additive
Alternate 1 Bid of $23,214 with two irregularities.
Originally $61,884.00 was budgeted for this project. Given that the Schertz portion of the
project cost is $94,289.00 an additional $32,405.00 must be approved for this project.
Staff is proposing it be taken from the Parkland Dedication Fund. The total balance in the
Fund is $192,125.98. It is anticipated that the City will $60,000 this fiscal year for
pavilions at the Dog Park, $40,000 for improvements at the Skate Park (water fountain,
benches, pavilion, etc.) and park improvements at Sedona (Crossvine) of approxiunately
$20,000.
Pickrell Park ADA Walkway BudLet
Engineering $9,115
Construction $145,058
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Legal $500
Advertising $500
Other Prof. Services $1,000
Project Total $156,173
CDBG Grant $ 61.884
City Responsibility $94,289
CDBG requires the City to pay invoices and then submit for reimbursement. The total
reimbursement to be received by the CDBG Grant is $61,884. The cost of the project is
higher than the 50% match grant from CDBG. The City opted to proceed with Additive
Alternate #1 to extend the sidewalk to a wider width. The funds from CDBG will remain
the same at $61,884; the City has set aside the matching $61,884 in a project account.
The remaining of the monies will be paid from the Parkland Dedication Fund in the
amount of $32,405.
Construction costs total $145,058 with the total cost of the project totaling $156,173.
The project was originally to be funded 50% by the CDBG Grant and 50% from the
Parkland Dedication Fund. However, due to decision to exercise the Add Alternate #1,
the City will be responsible for an amount not to exceed $94,289 to be paid for from the
CDBG Matching Grant Project Account and the Parkland Dedication Fund. CDBG will
contribute the remaining $61,884. Staff recommends approval
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 14 -T -49, first reading. The vote was
unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards,
and Thompson voting yes and no one voting no. Motion passed.
8. Employee Compensation — Discussion and possible action regarding the City's Employee
Compensation Plan. (Item requested by Mayor Carpenter) (J. Kessel/Council)
Mayor Carpenter recognized Councilmember Azzoz who stated he has crunched some
numbers and worked with a 15% increase in pay on the lowest paid person. Our point
system may also need looking at. He has previously suggested we take some dollar
amounts from the training budget and take the bottom 40 percent of our employees and
give them that salary adjustment. We are below market on our employee salaries. Our
police and fire people find better benefits elsewhere. If we don't pay people well today,
we are paying for it through entitlements. We have to be fair here. His proposal is that
we give a raise to the bottom paid 40 percent employees.
Discussion followed between several councilmembers resulting in two points, 1) the
bottom 40 percent consists of workers going through Grade 22, and 2) if one of our
problems is compression, then we are still not solving that situation. City Manager John
Kessel stated there are 140 employees that fall in Grade 22 and below. Councilmember
Edwards stated at this time there were still too many missing variables to make a decision
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on any compensation adjustments. Councilmember Thompson added that merit needs to
be added into the equation in order to reward excellence rather than mediocrity.
Councilmember Fowler asked how does the raise tie into perks, such as medical
insurance. Would there be other adjustments to these amounts? Councilmember John
said he doesn't think we can make a decision until we get some vital information back
from the Compensation Study that we have already paid for earlier this year. He thinks
that after we receive this data then it would be the appropriate time to take action.
Mayor Carpenter summarized by saying he believes the city's employee turnover
fluctuates from around nine to eleven percent. He did a bit of research himself and what
all cities should aim for is around ten percent; so we appear to be within a normal range.
Another problem is compensating employees equally regardless of job performance
which is known as a `Peanut Butter Spread'. This method is not good. Reason one is
`compression', where a tenured employee would wind up getting the same amount as
someone who was recently hired. Reason two is that no organization is made up
exclusively of `high performers'; therefore, spreading money equally disincentives high
performers, fails to reward those who are meeting all job requirements, and actually
winds up rewarding poor performers. Another thing is in regard to the city charter;
Article 7, Section 7.07 has five sections in it, Sections A, B, C, D, E. It talks about
amendments to a budget after it has been adopted. There are four times where the budget
can be amended. Three of those times require action by the City Manager. One is when
we have a surplus of funds coming in, two is when we have a need for reduction of
appropriations, and three is when we move money from one place to another. The only
other time we can make an amendment to the budget is Section B of Section 7.07, in the
case of an emergency when the situation at hand affects life, health, real property, or the
public peace. If we have a natural disaster or have a time of civil arrest we can make
appropriations for such an emergency. We don't have any of these conditions before us
now. We passed a budget in the autumn and it included the spending of money to do a
study of where we are. We have actually allocated $300,000 to begin the process of
creating an environment where we get rid of that compression and move salaries to
market value. Council will have to decide where we want to be in the market, at median,
above or below. We need to take a disciplined and step wise approach. We can't just
throw money at a problem. To answer Councilmember Thompson's question about merit
increases, we have moved to having 0, 2, or 4% salary increases which gives us an
opportunity to correct behavior when we have poor performers, give a nominal increase
for folks meeting the requirements of their jobs and help accelerate the earnings of high
performers. We are moving to long term and sustainable solutions. His recommendation
to council is to get the study done which will give us information to make smart, careful,
effective decisions the first time and the money is already allocated for via last year's
budget. Also, if we just do the bottom 40 percent and give them all the same pay raise,
Grade 22 and below leaves out all police officers, fire fighters, EMS employees.
Compression problems exist in those departments and also needs to be dealt with. To get
this really right over time, it will probably take a few years. We do need to strive to be
above the middle tier but not put ourselves at risk financially. We need to do it in a way
that is sustainable over time and does not disincentive performance and does not leave
out critical departments.
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Mayor Carpenter recognized Councilmember Fowler who asked City Manager John
Kessel if he was able to do an analysis of the impact of taking $200,000 out of the
training budget versus how much is required training for our rescue personnel. Mayor
Carpenter stated, the training budget(s) of the police ($61,000), fire ($48,000), marshal's
office ($10,000) & EMS ($35,000) totaling around the $150,000 range; just shy of half of
the training budget ($380,000). It cuts hard into the emergency services budget and other
departments. Deputy City Manager John Bierschwale reminded everyone that there are
employees in other departments who have certifications they must maintain with a
minimum yearly number of continuing education hours. We should be cautious about
taking those training dollars away that affect people's jobs.
Mayor Carpenter recognized Councilmember Azzoz who stated how can we do a salary
adjustment? People are complaining. Maybe we didn't do a good enough budget. It
seems everyone is making excuses on why we can't do this adjustment.
Mayor Carpenter recognized Councilmember Thompson who asked if the study that was
referred to earlier has already been paid for. City Manager John Kessel stated that in
April 2014 and requested additional funding for the study so we could get started. They
have eight RFQ's submittals and the team is reviewing those; the funds have been
allocated and are available. Effective October 1, 2014, the money was funded for
$300,000. In January of 2015, we anticipate a contract to be submitted to Council to start
the study. Mayor Carpenter stated he doesn't think the council would have chosen to
spend the people's money to do a study or allocate $300,000 if we were not wanting to
address what we know is an issue and that we want to solve it; but it has to be done in a
sustainable and fair manner. Spreading it on only a portion of the organization is not fair.
Mayor Carpenter recognized Councilmember Edwards who suggested we keep this on
the future agendas until we get to a point where we need to be. Let's continue to
troubleshoot it and bring forth more ideas.
For clarification Mr. Kessel stated in that in April of 2014 through the budget adjustment
process we funded a compensation study and in October we funded the implementation
of that study. An RFQ process was started and the submittals have been returned. Since
October 1, we have not had our HR Director available to direct this process. He is
reviewing these documents at home and is ranking them. The target is to get a contract in
front of council in January to authorize the selection of a firm and enter an agreement
with them. Councilmember Fowler asked whether or not we should establish a deadline
date for the selection of a contract. He suggested 90 days.
Mayor Carpenter summarized by saying we have two courses of action: 1) Follow
through on the plan chosen by council, or 2) choose a different path.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor
Pro -Tem John to wait until the compensation study is done and not take action to expend
money on any pay raises other than those already regularly scheduled. The vote was 4 -0-
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I with Mayor Pro -Tem John, Councilmembers Fowler, Edwards & Thompson
voting yes and, Councilmember Azzoz abstaining. Motion passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes of items 1
through 8.
Requests and Announcements
9. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were made.
10. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter recognized Councilmember Edwards who stated he would like to see
the employee compensation item listed on future agendas.
11. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No request given.
12. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Fowler who stated he attended the
Chamber of Commerce event the other day and he wanted to state that the discussions we
are having right now are pretty important and he hopes they continue for the sake of our
employees and to re- group. He looks forward to getting the employee compensation
contract signed within 90 days.
Mayor Carpenter recognized Councilmember Edwards who stated he attended the
Councilmember teambuilding workshop last Friday and found out he was a `creator'
because he wants to do things. On Monday, he attended the Employee Appreciation
Luncheon at the Civic Center. He also attended the Festival of Angels Parade. Today he
12 -09 -2014 Minutes Page -15 -
went to the Tri County Chamber of Commerce, which is a virtual chamber organization.
( Last Thursday, he attended the Cibolo Valley Local Government Corporation meeting.
He learned a lot about water in about 15 minutes. He congratulated Robin Thompson on
his appointment to Council tonight.
Mayor Carpenter recognized Councilmember Thompson who stated he was grateful for
his Councilmember appointment tonight. He also acknowledged Mary Spence and her
group for putting on the Festival of Angels this year.
Councilmember Edwards thanked Linda Klepper and Erin Matlock for putting together
some packets for a visiting team of dignitaries from Australia who were in town. Also
Robin Thompson and the chamber staff put together packets.
Mayor Carpenter stated he wanted to thank the Council for tonight's discourse. We had
some strong disagreement tonight but nobody felt they couldn't say what they felt.
Sessions like tonight strengthens us and prepares us for more challenging things that
arise. That we can push on one another to get to the best results possible is a position of
strength. He also congratulated newly appointed Councilmember Robin Thompson and
welcomed him aboard.
Adi ournment
As there was no further business, the meeting was adjourned at 10: 35 p. m.
j
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
12 -09 -2014 Minutes Page - 16 -